Wednesday, August 3, 2011

2002 fiat palio weekend

I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is losing talent by not giving us GCs in a timely manner. let me give my views as to why Mark and others are missing the main point that I am trying to make. agreed using this as the main point may not work ..but this has to be a very important point. at the back of their mind - the policy makers know that some talent will definitely leave but lot will stay back (and they will keep paying USCIS money). even if people go back to India or China ..who will employ them ..it is the same MNC / big US corporations .. (so they know some talent will leak away ..but majority will stay back ..you just need to know the quota system / political system in India and china ..and automatically you will know that the talented guys will do everything to prevent their children from going through that ..) the second point is for the admin fix (which I guess can be done by president without congress approval) ..in every poll ..the President has a low ranking ..the last thing that he needs is to be blamed for this recession too .. so during their meetings if DHS or others were to suggest that more immigrants would buy more stuff here (rather than buying houses in India / china) ..if they were more sure of their status ..the admin fix would have greater chance of success ..

wallpaper 2002 Fiat Palio Weekend [178]

FIAT Palio Weekend (2000-2002)

chanduv23

03-25 01:48 PM

UN, Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

Thanks very much, as always.

I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D

fiat palio weekend, fiat palio

reedandbamboo

10-01 09:15 PM

With all the uncertainties shrouding legal employment-based immigration reform (accompanied by talk of CIR) I've been looking into other high-skilled-immigrant-friendly countries.

Canada is starting to seem a far friendlier place for folks like us - relatively short wait times in the application queue, with no country-based quotas discriminating against applicants from countries like India and China.

2011 FIAT Palio Weekend (2000-2002)

1997 Fiat Palio Weekend [178]

chanduv23

03-24 03:15 PM

[QUOTE=ganguteli;329173]Unitednations,

Ganguteli, it seems you are confusing two things at the same time.

What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.

It all depends on the IO who deals with your case.

We can find tonnes of discrepancies if we want to with any case.

Most of us here discuss consulting companies - but it is just not consulting companies that are suffering. Sometime back, TSC changed its original interpretation that MBBS is equivalent to masters degree and denied EB2 140s for Physicians from India. This has been or is being corrected.

I had been doing some enquiring about h1b visas for physicians - and figured out that there are now a lot of issues - especially on interpretations of offer letter, type of institution, kind of work etc and a h1b petitions are also being denied for Physicians - and once again Attorneys are handling these issues.

It is obvious that things are tightening up. So one must be potentially ready to face challenges and overcome them

As is true with everything else it cannot be all gain. If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.

pete,

i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...

2010 fiat palio weekend, fiat palio

150000 miles; AUTOMATIC; 2002; Palio Weekend Millcreek

unitednations

03-26 04:26 PM

That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

It isn't always to "get back" at the employee.

That being said, UN, I would love to hear your thoughts on this situation,

Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

That person after a while decides to go back to employer X (485 is still pending) under AC21.

Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

Thanks in advance for sharing your opinion on this.

I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.

You know what is your problem? From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government. Now world has changed attitude. World has decided to compromise on Human right to fight with terrorism. Earlier only Israel has policy but after 911, many countries have policy not to negotiate with Plane Hijackers.

Now read following Australian PM's statement and call him terrorist. You if don't change your mind set, one day you will find board at every country; "Muslims are not welcome" Read this Australian PM's bold statement.

Prime Minister John Howard - Australia

Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia, as the government targeted radicals in a bid to head off potential terror attacks.

Separately, Howard angered some Australian Muslims on Wednesday by saying he supported spy agencies monitoring the nation's mosques. Quote: 'IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT. Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali, we have experienced a surge in patriotism by the majority of Australians.'

'This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom'

'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society Learn the language!'

'Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.'

'We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.'

'This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, 'THE RIGHT TO LEAVE'.'

'If you aren't happy here then LEAVE. We didn't force you to come here. You asked to be here. So accept the country YOU accepted.'

hair 1997 Fiat Palio Weekend [178]

Other / Unsure; 2002; Palio Weekend Elx 1.3 Fire 4p Mission

dealsnet

01-06 08:29 PM

Israel is doing this for their safty. They are a soverign country and attacking the terrorist. Hamas don't want cease fire, then why they expect mercy. If they don't want to stop the war, then why other people raise their voice. Mind your business. They are not occupy any body's land. They live there from thousand of years, which God given to them. When they not recognize the saviour and cruxified, God's wrath fall upon them and they are disperesed. But to fulfil the Holy Bible prophesy, they regain the land and living there. No force in earth to distroy them. They are surrounded by hostile nations. Still they are surviving. These Arabs during and after the time of Mohammed tried to conquer the lands, and they occupy the land of Jews. They occupy the Constanople, where the biggest church situated, and they anexed to ottaman empire, now Turkey. They slaughtered everybody in that city. They did it in Syria, Egypt in AD1100. They distroy their culture, language etc. They cut the tongue, if anybody speaks the local language Syric in Syria and Coptic in Egypt. You can ask the minority people from these countries or read history. Barbarian Arabs conqured Indian subcontinent and convert the people by force. So Islam is not a religion of peace. It started with violence and end with violence. Every religion, religous people will be pious, but in Islam, they become terrorist. Satan is controlling these people. Sorry to say that. But it is true. In the last days, God punish these evil people. May all wiped out.

See this web site for more detailshttp://www.faithfreedom.org/Articles.htm

It's at the very least peculiar that some states don't have any activity through IV. The one in which I live is one of those. Even more amazing, I personally don't know anyone in my city or any other city, stuck in my same situation because of retrogression. Strange, but true.

Amen, brother/sister! Where are these half million people? 500,000 divided by 50 states makes for 10000 in each state (on an average; although I doubt that Alaska and Hawaii have that many, while states like NY, CA, NJ, IL, FL, TX, PA must beat the mean for sure, but still). 6500 ain't enough!

hot VENDO HERMOSO FIAT PALIO

FIAT Palio Weekend (2000-2002)

tdasara

01-28 12:21 AM

There has never been a mention of the H1b visas approved and those that do not fall under the quota....

This guy is just after his ratings nothing else...his book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home. (CNN has a few hundreds of them on H1b)

When there was a huge debate on illegal immigration he quoted he was all for legal immigration. The only way one can legally immigrate with skills is via H1b visa and he is against it.

An Increasing Population is a Good Thing. So is Immigration. (http://www.spectator.co.uk/alexmassie/6941654/an-increasing-population-is-a-good-thing-so-is-immigration.thtml) By ALEX MASSIEFRIDAY | Spectator

Plenty of folk seem to think otherwise. Including George Bridges who has written a very curious post for the Motherblog in which he seems most perturbed by the prospect of this happy isle's population increasing. He even suggests he's not doing his bit since Mrs Bridges is expecting their third child, presumably furthering the onrushing demographic apocalypse.

Piffle. Good for Mrs Bridges and her fecund husband. Congratulations to them. May they produce this and many more little Bridges. A rising population is a feature of a healthy society, not the beginning of the end for this sceptered land. Of course an increasing population puts pressure on any number of public facilities and services, from transport to schools to housing to hospitals. But so what? It's also a motor for future economic growth which will - hurrah! - provide for all of this. Excess capacity caused by an absence of demand is, as many a rural parish will tell you, a much more grievous problem than having too many people. There is no need for this "for we are too many" Jude the Obscure stuff. There really isn't.

Mr Bridges concludes, darkly:

Cameron, Theresa May and Damian Green have made a good start at controlling immigration. But that�s just a start. More needs to be done to educate the public about the challenge. We need some radical thinking about how we solve it; and we must ask ourselves whether a state that was largely constructed to cope with 50 million people can meet the challenges of 70 million people?

Really? The logic of this position leads us to China's one-child policy. Is that really what those obsessed with population figures want to see? If not, perhaps they can tell us what the optimal UK population figure might be and how they propose to "cap" the number of people living in this country at that number?

OK, let us suppose that, ill-advisedly, the government reduces immigration to "zero". What then? Do you, as I say, limit the number of children people may have? Or do you pay people to emigrate so the population remains beneath your arbitrarily-decided "ideal" figure? Would that be enough? Probably not! There could be back-street, clandestine babies born every day!

Seriously, do these people think a falling population would be a good thing? Perhaps they do. Population decline is rarely the sign of a healthy society. Rarely? Never seems more probable. Factor in the reality that the existing population is increasingly elderly and it becomes clear, surely, that Britain will need more people. The alternative is fewer and fewer workers providing for more and more pensioners and, by doing so, ensuring that their own futures are bleaker than they need be. Suggesting that population growth is so very dangerous is, essentially, to demand much higher taxes on today's teenagers and their future. What's just about that?

So it's good that Mr and Mrs Bridges are spawning again. But their efforts, no matter how heroic, will not be enough. Which is another reason why immigration is a good thing not the beginning of the end. We need more people so we can cope with the costs of an increasingly wrinkly population.

This is the self-interested justification for more immigration (since not everyone is as selfless as the Bridges when it comes to healthy birth-rates) though of course there are many other, more altruistic and even noble grounds for welcoming a come-all-ye approach to these matters. To be born or live in Britain is to have access to opportunities and riches that are the stuff of dreams for most of the world's population. We should allow more people from other lands to have those chances.

That will be good for them and it will be necessary - and good - for us too. Sure, there are problems and strains and pressures associated with immigration and population growth but they're not nearly so terrifying as the prospect of a geriatric and closed society working its few remaining young people to the bone with little to no regard for the future well-being of the people supporting the oldies. Those obsessed by population figures should be asked what they consider to be the ideal worker:retiree ratio.

Again, and really it cannot be stressed enough, in the developed world a growing population is a mark of success, not failure.

Still, if you do think there's an imminent population crisis, there is one more option available to you: compulsory euthanasia ten years after you pass the point of average life expectancy. This seems a modest enough proposal, don't you think?

Obama�s wise investment: Making life easier for 'illegals' (http://www.theglobeandmail.com/news/opinions/opinion/obamas-wise-investment-making-life-easier-for-illegals/article2021683/) By DOUG SAUNDERS | Globe and Mail Obama playing games with immigration (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html) By Ruben Navarrette | CNN Gutless politicians are broken, not the immigration system (http://washingtonexaminer.com/opinion/columnists/2011/05/gutless-politicians-are-broken-not-immigration-system) By Greg Kane | Examiner The Muslim-American: reclaiming my identity (http://search.japantimes.co.jp/cgi-bin/eo20110514a1.html) By ARSHAD CHOWDHURY | The Japan Times

tattoo Fiat Palio Weekend (2002)

2002 Fiat Palio Weekend [178]

rockstart

07-14 02:07 PM

See if things spill horizontally or vertically Eb3(I) is still last in the chain. So many people have demonstrated it. All these days Eb3 (ROW) was gaining from spill over. Now CIS feels that Eb2 takes preference over Eb3 ( which for practical purpose is ROW and not India/ China) so that is why Eb2 is moving forward, else like eb3 eb2 India was also struck. What you are asking is complete re-working of spill over rules. That is not what CIS can do on its own. The rule was always clear Eb1 spill goes to Eb2 and then to Eb2 if some one needs to complain it should be Eb2 who did not get these numbers much earlier.

* When was it unclear? * Why did it take so long for USCIS to see that the law was unclear? * What caused USCIS to realize that the law was unclear? * What caused them to change their interpretation? * How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)

Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.

You are right, different areas will bottom at different times. But it's relatively easy to judge whether your area has bottomed or not:

1. Check if the rents and mortgage payments for the comparable properties are similar. Remember to own a house you need to have sterling credit history + come up with 20% down. So your mortgage payment + tax + insurance should at least be equal to rent if not less because you are paying premium in terms of putting 20% down which renters do not have to do.

2. Bubble began forming around 2000 to 2002 depending on the area. Check past sales prices for comparable homes in the same area around that time because prices back then were still realistic. If the asking price now is same as the price then + 1-2.5% price appreciation per year to adjust for inflation then it's a reasonable price. Ignore the peak around 2005-2006.

If your purchase price meets both these criteria you know you have a good deal. Go ahead and buy.

If you have only been reading all the doomsday articles on the net about another nosedive in the realestate market, then I must suggest you to step out and smell the coffee. Other than in a few areas like Detroit and Miami, the home prices are close to stable and are not heading to fall another 10%. When people write articles they want to sensationalize thier reports. What's happening in Detriot will not be happening everywhere in the nation. Real estate markets are very local and cannot be generalized. So anyone that is thinking that there is going to be another HUGE drop in home prices are mistaken.

Yes, you are right, absolutely no one can time the market. That is why it is a great strategy not to speculate, but go by the fact that real estate prices are affordable now and interest rates are the lowest in recent history. Don't think that just because there was a bubble you'll now get good homes for anything more than 5% discount.

Remember that you probably have a job in the city you live in, and that you are continually employed, means that there are other people around you with jobs. They are ready to snap up homes even before you get to see it from the inside. I see homes that are in bad shape in my county (Fairfax, VA) sitting in the market for months. But the ones that are good goes under contract in less than a week.

dresses FIAT Palio Weekend (2000-2002)

Fiat Palio Weekend

copsmart

09-26 07:49 PM

I am a big supporter of Obama and I really want to see him as the next president, but this message about the EB issues are really shocking to me.

Obama as promised will cut outsourcing and create more jobs here in US, which in turn will create more demand in the job market. Moreover, I strongly believe that Obama has mentioned the EB backlog issue in one of the debates. So, we can expect some good thinks from his government.

I am not sure how much the Durbin guy is going to influence in any of his decisions? But in general, I think the country will be in a better shape if Obama is elected as a president.

Let�s hope for the best.

BTW, don�t you guys think the Left party support the EB immigration compared to Right? Zoe Lofgren for instance.

I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:( The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.

girlfriend 2002 Fiat Palio Weekend [178]

Fiat Palio Weekend (2002) Foto

sroyc

08-06 10:41 AM

I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.

Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.

Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?

• HAVE THE TERRORIST ATTACKS IN MUMBAI SHAKEN YOU TO THE CORE? • ARE YOU SICK TO YOUR STOMACH WITH THE PUSSYFOOTING OF COWARDLY LEADERS? • DO YOU WANT TO PROCLAIM TO THE WORLD PAKISTAN’S INVOVLEMENT IN THESE ATTACKS? • DOES YOUR HEART GRIEVE FOR THE TORTURED JEWISH PEOPLE OF CHABAD LUBAVITCH? • DO YOU SHED TEARS FOR 200 PEOPLE MASSACRED IN COLD BLOOD AND 400 INJURED? • DOES THE LOSS OF SOME OF THE BRAVEST AND FINEST OF THE POLICE & NSG BOTHER YOU? • HAVE YOU HAD ENOUGH WITH ONE AFTER ANOTHER TERRORIST ATTACKS? • DO YOU WANT TO HIGHLIGHT THE CRIMES AGAINST HUMANITY? • IS “ENOUGH IS ENOUGH” FOR YOU? DO YOU WANT TO DO SOMETHING?

If you answered YES to any one of the above, then Come Rain, Snow or Cold, JOIN TRI-STATE INDIANS on SUNDAY, DECEMBER 21 at 1:00 P. M. The latest Pakistan sponsored terrorist attacks have traumatized the nation and left deep scars on its psyche. Property worth millions of dollars is destroyed and the economy is affected adversely. Safety of the people and security of the nation is compromised

As Indians, we owe it to ourselves to create a sense of awareness within ourselves and in the global community. A strong world opinion will eventually clamp down terrorism.

911 exposed the face of terrorism to the entire world. It has also exposed many of the incorrect foreign policies of the american administration.

Pakistani terrorism was a local problem till then largely ignored by the internationals. Now, terrorism is a global problem.

Let's write against it, speak against it, whenever and wherever we get a chance instead of trying hard not to offend the feelings of others. Innocent lives are at stake here. Your economy is under attack. Attempts are being made to destabilize your country by inciting riots between religious groups.

Wake up and don't worry about who's getting offended and who's not! Even those who are offended or pretend to be offended cannot escape the grim realities and will eventually support the anti-terrorism stand because terrorism is a threat even to its country of origin!

nojoke

04-14 03:47 PM

Again, it may not be applicable to ur situation.

in my case, i am paying $400 in equity and $300 in tax deduction so i am paying effectively $1300 .(My mortgage is $2k, includes eveything(Insurace,HOA).In $1300, i can get 1-2 bedroom in DC Metro area depending upon location. Yes, over a period of time tax benefits decreases but equity increases. so i stay , and after 10 years i will be paying $800 evey month towards principal.

now depend upon when i sell , if i sell and price is same as when i bought, only advantage i have i enjoyed 3 bedroom instead of 1-2 which may not be needed depending upon family size/need.

If i would have bought in 2006 (peak time) calculation is different and i may be loosing $200-300 per month based upon interest rate. (Currenlt i am on 5.25% 30 year fixed) .

Another big factor is interest rate. if you buy house (when it is has bottom) you may end paying same if interest rate is high. that's why i think it is best time to buy since interest rate is low and housing is slow and good inventory.

Location..Location.. Location...is most important thing. worst hit market are ohio,michigan because Big 3 automakers are suffereing.

more you stay in house ..7 , 10 or 15 years. Your equity build faster.

Best use i think i was able to do.. took out a equity loan which is now 6% and paid my ICICI loan(house in india) which was averaging 12-13%.

but again if i have to sell now ..then i am sure i will loose money because it will not sell.

Some of my frnd bought house in $800K in DC metro. yes they lost 20% big amount ...but there main worry is cash flow. You need dual income all the time to pay mortgage.

My only advise is always limit ur mortgage to one salary. it may means that you have to commute longer, may be remote area.

Media is the one who created the hype & and also they are paritally responsible for downturn.

For 330K house, the calculations are probably splitting hairs. If it had already lost value to what the income in your area can support, then it is good time. But if it is still going down, I would rather buy a house at the bottom even if the interest rate gets higher. I can sell the house immediately without loss, if I have too.

waitnwatch

08-06 01:40 PM

Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

If you would like to read about related case, refer to this pdf http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

(2) Definitions. As used in this section:

Advanced degree

means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.